Madhya Pradesh High Court
Smt. Pooja vs Shree Jayesh Shrivas on 23 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:1404
1 CRR-1340-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 23 rd OF JANUARY, 2025
CRIMINAL REVISION No. 1340 of 2024
SMT. POOJA AND OTHERS
Versus
SHREE JAYESH SHRIVAS
Appearance:
Shri Gulshan Rathore and Shri Rashil Gandhi - Advocates for applicants.
ORDER
This criminal revision under Section 397/401 of Cr.P.C. read with Section
19 (4) of Family Courts Act has been filed by wife and daughter of the respondent
against the order dated 24.01.2024 passed by the Additional Principal Judge,
Family Court, Gwalior in M.J.C.R. No.384/2022 for enhancement of interim
maintenance of Rs.7000/- per month and Rs.4000/- per month awarded to
applicant No.1 and applicant No.2 respectively.
2. None appears for respondent though served, accordingly, he is
proceeded exparte.
3 . It is submitted by counsel for applicants that respondent is working as
Constable in Uttar Pradesh Police and at that relevant time, monthly income was
allegedly Rs.40,000/- per month. However, it is submitted that applicant No.2 is
suffering from heart ailment and she is required to undergo an operation and
according to doctor, Rs.5,00,000/- would be required for the same. Under these
circumstances, it is submitted that respondent should be directed to either pay a
lumpsum amount of Rs.5,00,000/- for the treatment of applicant No.2 or he should
bear the operation expenses.
NEUTRAL CITATION NO. 2025:MPHC-GWL:1404
2 CRR-1340-2024
4. However, it was fairly conceded by counsel for applicants that
application for grant of interim maintenance was filed in the month of June, 2022
and the operation has not been performed so far. Under these circumstances,
instead of deciding the question as to whether the respondent is liable to bear the
medical expenses of applicant No.2 or not, this Court thinks it appropriate to
direct the trial Court to expedite the hearing of the case.
5. This Court is conscious of the judgment passed by the Supreme Court in
the case of High Court Bar Association Allahabad Vs. State of U.P. decided on
29.02.2024 in Criminal Appeal No.3589/2023 but in the present case, there is an
exceptional circumstance warranting a direction for early disposal. According to
applicants, applicant No.2 is suffering from heart ailment requiring operation.
Two and half years have already passed because of pendency of application for
grant of interim maintenance. In case, if the question of maintenance and question
of bearing the medical expenses is kept pending, then it may adversely affect the
medical treatment of applicant No.2. Therefore, purely on humanitarian ground
and by treating the same as an exceptional circumstance, the revision is disposed
of with the following directions:-
1. The applicants shall examine herself as well as her witnesses on the next
date which is fixed before the trial Court.
2. The respondent shall examine himself and his witnesses positively within
a period of one month from the date of closure of evidence of the applicants.
3. The trial Court shall positively finally dispose of the case within a period
of one month from the date of closure of evidence of the respondent.
4. If any of the party fails to stick to the directions given by this Court, then
the trial Court may close their rights to lead evidence to cross examine the
NEUTRAL CITATION NO. 2025:MPHC-GWL:1404
3 CRR-1340-2024
witnesses.
6. This Court has not considered the merits/demerits of the case and has
refrained itself from giving any findings on the merits so that it may not prejudice
the trial Court at the time of final disposal of the application under Section 125 of
Cr.P.C..
7. It is made clear that non-interference by this Court does not mean this
Court has approved the maintenance amount of Rs.7000/- and Rs. 4000/-
respectively and if the trial Court is of the view that applicants are entitled for
higher maintenance amount or lesser maintenance amount then dismissal of this
revision would not come in its way to take such a call.
8. With aforesaid observation, the revision is disposed of .
9. Counsel for the applicants and counsel for husband (because husband is
being represented in connected Criminal Revision No. 968/2024) are directed to
submit the certified copy of this order before the trial Court latest by 27.01.2025
so that the trial Court may be informed about the directions.
(G. S. AHLUWALIA)
JUDGE
AK/-
